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SMITH v. ANIMAL URGENT CARE, INC.

No. 27058.

542 S.E.2d 827 (2000)

208 W.Va. 664

Erin SMITH, Plaintiff Below, v. ANIMAL URGENT CARE, INC. and Dr. Karl E. Yurko, Defendants/Third-Party Plaintiffs Below. Animal Urgent Care, Inc., Defendant/Third-Party Plaintiff Below, Appellant, v. American States Insurance Company, Third-Party Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 3, 2000.

Attorney(s) appearing for the Case

Jeffrey A. Holmstrand, Esquire, McDermott & Bonenberger, PLLC, Wheeling, for Animal Urgent Care.

Jeffrey M. Wakefield, Esquire, Erica M. Baumgras, Esquire, Flaherty, Sensabaugh & Bonasso, PLLC, Charleston, for American States Insurance Company.

Ancil G. Ramey, Esquire, Karen E. Kahle, Esquire, Steptoe & Johnson, Charleston, for Dr. Yurko.

SCOTT, Justice:

Appellant Animal Urgent Care ("Animal Care") appeals from the May 21, 1999, order of the Circuit Court of Ohio County granting summary judgment to Appellee American States Insurance Company ("American States") on the issue of whether American States was required to indemnify or defend Animal Care in connection with an underlying sexual harassment claim.1 The lower court relied on two policy exclusions exempting coverage...

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